“i presumed that it was an instant ban for over 100mph
thats before the six previous points”
No it is not. The guideline penalty for a speeds of 101mph or more is either a ban of between 7 and 56 days or six penalty points. However, Magistrates have guidance which suggests that where they are faced with such a sentencing choice, if the penalty points take the driver to twelve or more then they should impose points and subject the driver to a “totting up” ban.
This is exactly what happened to Mr Hickling. He was given six points, taking him to twelve. However he then argued that “exceptional hardship” would be visited upon him and/or others if he was disqualified and the court accepted his argument, allowing him to keep his licence. Interestingly had he been banned for the single offence (and it is doubtful that he would have been banned for as long as 56 days) he would not have had the opportunity make his hardship plea. That is only available for “totting up” bans.
For what it’s worth, I am of the belief that there should be no opportunity to argue exceptional hardship. To get a totting ban a driver has to commit at least two and more usually four offences within three years. He has ample opportunity to modify his driving to keep within the law. People suffering mandatory bans for a single offence (such as excess alcohol or dangerous driving) or discretionary bans (such as speeding) have no such argument open to them and they have no opportunity to modify their behaviour. But the law is as it is, not as we’d like it to be and the question asked was whether Mr Hickling had received preferential treatment. He didn’t.